Proceeds of Crime and Confiscation Solicitors

A criminal case may not end with conviction or sentence. The prosecution can ask the Crown Court to begin confiscation proceedings under the Proceeds of Crime Act 2002, seeking an order based on the alleged benefit from criminal conduct and the assets said to be available to satisfy it.

The figures claimed can be far greater than the money a defendant believes they personally received. Property, bank accounts, vehicles, business interests, transfers and assets held jointly or by other people may all become disputed.

Benefit and the available amount

Confiscation proceedings usually require the court to determine the defendant’s benefit from criminal conduct and the amount available to meet an order. Those are distinct questions.

Depending on the case, the prosecution may allege a criminal lifestyle and invite the court to apply statutory assumptions to property, expenditure and income over a defined period. The defence may need to show legitimate sources for transactions or demonstrate why an assumption would be incorrect or create a serious risk of injustice.

The available amount may raise separate disputes about ownership, equity, jointly held property, liabilities, gifts and assets said to be beyond the defendant’s direct control.

Detailed financial analysis

Effective preparation may include examination of prosecution statements, bank and investment accounts, property ownership and beneficial interests, mortgages, company records, vehicles, cash deposits, transfers and expenditure, cryptocurrency, jointly held assets and alleged gifts.

Documents showing the legitimate origin, ownership or present value of assets should be gathered promptly. Delay can make it harder to answer the prosecution’s case and comply with court directions.

Restraint orders and third-party interests

In some cases, assets are restrained during the investigation or prosecution. A restraint order can affect the use of bank accounts, property and business assets before confiscation proceedings are concluded.

Questions may also arise where a spouse, relative, business partner or another person asserts an interest in property included in the proceedings. The legal and factual position requires careful assessment; nominal ownership alone may not resolve the issue.

Enforcement consequences

A confiscation order is enforceable and will normally specify a period for payment. Failure to pay can result in enforcement action and activation of a default term of imprisonment. Serving a default term does not ordinarily extinguish the debt.

For that reason, the evidence, valuations and legal arguments should be addressed fully before the order is made.

Coordinated representation

Where we have represented a client in the underlying criminal case, our knowledge of the evidence can assist in dealing with the financial proceedings that follow. We can also advise clients who require representation specifically in relation to confiscation or enforcement.

Legal aid may be available, subject to the applicable rules.

For advice about a restraint order, confiscation proceedings or enforcement of a POCA order, call Peter Bonner & Co on 020 8297 1727 or request a confidential callback.